02. Public hearing and resolution for road right-of-way on Pfiffer Drive

CASS COUNTY GOVERNMENT Highway Department Jason Benson, P.E. County Engineer Thomas B. Soucy, P.E. Deputy County Engineer Blaine Laaveg Superintendent 1201 Main Avenue West West Fargo, North Dakota 58078-1301 701-298-2370 Fax: 701-298-2395 TO: FROM: DATE: MEMORANDUM Cass County Commission Jason Benson, Cass County Engineer J /tJ October 14, 2021 SUBJECT: Agenda topic for October 18, 2021 Commission meeting:Public hearing for a resolution to take over road rights-of-way and grant permission to permanently obstruct the same and the underlying section lines of portions of Pfiffer Drive. On September 7th, 2021, the Cass County Commission approved a motion that the Cass County Board of Commissioners set a public hearing for October I 8th during the regular meeting of the Cass County Commission for a resolution to take over road ROW and grant written permission to permanently obstruct the same of Pfiffer Drive. Cass County has been working with the Metro Flood Diversion Authority (FMDA) on road closures for the construction of the Diversion Project. In April 2021, the FMDA, Cass County Joint Water Recourse District (CCJWRD), and Cass County approved a Memorandum of Understanding (MOU) for the construction of the diversion over road rights-of-way (ROW). We are now being asked by the FMDA and CCJWRD to take control of and prepare to close Pfiffer Drive (see map in the attached CCJWRD Resolution). This closure is required for the construction of the Red River Structure. The County will take control of Pfiffer Drive immediately following the approval of the County Commission. The closure of this road would take place immediately as the Red River Structure will begin construction next spring and all properties along Pfiffer Drive have been acquired by the CCJWRD. Pursuant to the terms of the MOU, notices of the public hearing were sent to landowners within 1,000 feet of the requests at least 30 days prior to the hearing. As per the MOU, a public hearing to gather input from the public must take place prior to the County Commission adopting the resolution. Following the public hearing, the Commission is asked to adopt a resolution taking over road ROW and granting written permission to permanently obstruct the same and the underlying section lines (see attached resolution). J:-Admm•E11g\Commiss1011 Co1Tsp·-2021 Comm1ss10n Correspondence· Dt\ers1on Related Agenda Itcms··Agenda Memo Cass Public Heanng for DI\ ers1on Road Closure -Pfiffer Dr Oct I 81h docx